HomeMy WebLinkAbout20042789.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR
IMPROVEMENTS TO WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN -
ROGER KEATON II
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Temporary Construction Easement for
improvements to Weld County Road 47, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,on behalf of the Department of Public
Works and Roger Keaton II,25565 Weld County Road 47,Greeley,Colorado 80631,commencing
September 15, 2004, and ending August 1, 2005, or the completion of said project, whichever is
earlier, with further terms and conditions being as stated in said easement, and
WHEREAS,after review,the Board deems it advisable to accept said easement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,ex-officio Board of Social Services,that the Temporary Construction Easement
for improvements to Weld County Road 47, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,on behalf of the Department of Public
Works, and Roger Keaton II be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 20th day of September,A.D., 2004, nunc pro tunc September 15, 2004.
BOARD OF COUNTY COMMISSIONERS
�� / WELD COUNTY, COLORADO
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Robert D. Masden, Chair
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Deputy Clerk to the Board 2/1
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David E. Long
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Glenn Vaad
�Date of signature: 0y/
2004-2789
EG0050
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MEMORANDUM
CTO: Clerk to the Board DATE: September 10, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Roger C. Keaton II at 25565 WCR 47 for Improvements to
WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
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2004-2789
of TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Roger C. Keaton II, whose address is
25565 Weld County road 47, Greeley, Colorado 80631, Grantor and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10`h Street Greeley, Colorado 80631, Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is for extra grading and shaping of the roadway ditch during the construction of
improvements to Weld County Road#47, in and to, over, under and across the following
described land:
The West 10.00 feet of the East 40.00 feet of Lot A, Recorded Exemption 0961-26-1-RE-
1686 as recorded in the office of the Clerk and Recorder, Weld County, Colorado and
located in the Southeast One-Quarter of Section 26, Township 5 North, Range 65 West of
the Sixth Principal Meridian, County of Weld, State of Colorado.
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1. Said Temporary Construction Easement shall commence on September 15, 2004,
and shall expire and be of no further force or effect on August 1, 2005 or the
completion of the project, whichever is earlier.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective personal representatives, successors
and assigns.
5. Grantee will reimburse the Gantor the sum of Five Thousand Two Hundred Fifty
and no/100 ($5250.00) dollars for the removal and replacement of the existing
fence that is presently located along the westerly side of Weld County road 47.
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3223098 09/29/2004 11:38A Weld County, CO
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This reimbursement is based on the attached Exhibit "A"proposal. The
replacement fence shall be relocated along the west right-of-way line of Weld
County road 47 and will be constructed when road construction is completed. If
necessary, Grantee will construct a temporary fence along the Easement line
during construction and will remove the temporary fence when road construction
is completed.
6. Grantor shall grant Grantee access onto the property to regrade, reshape and
rebuild the existing driveway(s) as necessary and to the satisfaction of the
Grantor.
7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100
($350.00) dollars for the execution of this Temporary Construction Easement.
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
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The foregoing instrument was acknowledged before me this '/ day of
, 20D`1, by Roger C. Keaton, II, Owner.
Witness my hand and official seal.
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My commission expires: NOTARY PUBLIC $
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3223098 09/29/2004 11:38A Weld County, CO
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: geil ` COUNTY OF WELD, STATE OF
E4 COLORADO, G TEE
SEP 2 0 2004
Deputy Clerk to the Board ( 861 ' = Robert D. asden, Chairman, Board of
County Commissioners.
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3223098 09/29/2004 11:38A Weld County, CO
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PROPOSAL
MENDEZ FENCING INC. EXHIBIT A
P.O.BOX 683
PLATTEVILLE, CO 80651
PHONE(970)785-0374 FAX (970)785-0374
PROPOSAL SUBMITTED DATE BID DATE CONTACT PERSON
Roger Keaton 8/16/04 Santos Mendez
STREET JOB NAME
25565 Rd 47 A- 25565 A
CITY.STATE.ZIP JOB LOCATION
QO Ogen,
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
DESCRIPTION I QUNTTIY UN (UNIT PRICE AMOUNT
2 3/8 TOP RAIL INSTALLED 350 FT $13.00 $4,550.00
WITH 2 SUCKER RODS IN BETWEEN
REMOVE PIPES 350 FT $2.00 $700.00
_TOTAL $5,250.00
ADD I'G%FOR BOND IF REQUIRED. CONTRACTOR NAMED AS"ADDITIONAL INSURED"AT 200.00 PER EACH ADDITION PAYMENT
TERMS:UPON COMPLETION OF WORK
All material is guaranteed to be as specified. All work to be completed in
a workmanlike manner according to standard practices. Any alteration of deviation Authorized
from above specifications involving extra cost will be executed only upon written orders,and Signature
will become an extra charge over and above the estimate. All agreements contingent
upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado, Santos Mendez
and other necessary insurance. Our workers are fully covered by General Alberto Mendez
Liability and Workmens Compensation Insurance. •
LNote: This proposal may be withdrawn by
us if not accepted within_10 days.
Acceptance of Proposal
The above prices,specifications and conditions are satisfactory Signature
and are herby accepted. You are authorized to do the work as
specified. Payment to be made as outlined above.
Signature
Date of Acceptance:
11111111111111111111111 ILIA MILLI MILL III MILL IIII IIII
3223098 09/29/2004 11:38A Weld County, CO
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